For those of you who are currently citizens of the United States (or are hoping to so become) the following post is merely a 101 course in American Government. For those of you who are not US citizens and are happy with what you have, it may be read as a 300 level course in Comparative Government. For those of either group who don’t care one way or the other, I have other stuff in this blog you might find interesting so you can just merrily click along.
Constitutional Framework of the United States of America
After the United States of America won its independence from England, it needed to form its own government. It already had an Ad Hoc bunch of rich cat rebels acting as legislators under the loosest of authority running around in Philadelphia acting more as a War Cabinet than anything else. But then, against all odds, they won the war and were left asking, “Now What?”
The Colonies had become De Facto as well as De Jure the United States and was an unique entity in the world and needed an unique method of definition. At the moment of its formal separation from England, it was a collection of States each of which had its own idea of what a national government should look like. Each one was also afraid of a strong central government after the whole business it (they) had gone through with England.
So they got together and wrote something which they called the Articles of Confederation. (1781-89 )
Well, given various reasons and very good examples that are all now part of history, the “Articles” just didn’t cut it. So, the Constitution of the United States was written to redress its deficiencies.
The Constitution defines a federal system of government in which certain powers are delegated to the national government and others are reserved to the states.
The lower-case “f” federal means nothing more than a compact between political units that surrender sovereignty to
a central authority but retain limited residual powers of government in and of themselves. In this case, “federal” is an adjective. The upper-case “F” Federal is a noun. It is used to describe the centralized system itself, and in many cases indicates a total that is greater than the sum of its parts. The distinction is important in the United States because the federal nature of American government has undergone dramatic transformation over the 225 years since its creation. Invariably, the powers given to the constituent members of the federation have eroded.
The national government of the United States of America, under the Constitution consists of three branches; the Executive, the Legislative, and the Judicial. They are designed to ensure, through separation of powers and through checks and balances, that no one branch of government is able to subordinate the other two branches. All three branches are interrelated, each with overlapping yet quite distinct authority.
The U.S. Constitution, the world’s oldest written national constitution still in effect, was officially ratified on June 21, 1788. It formally entered into force on March 4, 1789, when George Washington was sworn in as the country’s first president. Although the Constitution contains several specific provisions (such as age and residency requirements for holders of federal offices and powers granted to Congress), it is vague in many areas and could not have comprehensively addressed everything that has arisen in the centuries since its ratification. Thus, the Constitution is considered a living document. Its meaning changes over time as a result of new interpretations of its provisions. In addition, it was designed to allow for changes.
Article V outlines the procedures necessary to amend it. Amending the Constitution requires a proposal by a two-thirds vote of each house of Congress or by a national convention called for at the request of the legislatures of two-thirds of the states, followed by ratification by three-fourths of the state legislatures or by conventions in as many states. So, you see, although the Constitution may be amended to allow for necessary changes and interpretations it is not an easy thing to do. It require much more than a simple majority vote as might be accomplished by any one group or other coming into majority power. It requires what is called a Super Majority.

Constitutional Convention
There has NEVER been a National Convention called by two-thirds of the states. The only national convention of any such sort was the very first one which formed the Constitution itself and effectively overturned the Articles of Confederation. This may or may not be a good thing depending on your political leanings. A National Convention leaves the entire document wide open to change or even nullification. It was out of a National Convention that the Articles were junked. Single proposed amendments coming out of Congress in the previously mentioned manner is a much safer way to preserve the integrity of the document itself.
“So what? Let’s junk the whole thing and start fresh,” you might say. But, really? Is the dog really that bad? The form of government is fair. It’s in the practice where things get fucked up. A LOT of other things can be done without throwing Bathwater AND Baby out the window.
In the more than two centuries since the Constitution’s ratification, there have been 27 amendments. All successful amendments have been proposed by Congress, and all but one—the Twenty-first Amendment (1933), which repealed Prohibition—have been ratified by state legislatures. The first 10 amendments, proposed by Congress in September 1789 and adopted in 1791, are known collectively as the Bill of Rights, which places limits on the federal government’s power to curtail individual freedoms.
The Bill of Rights was promised BEFORE the ratification of the Constitution itself. It was feared (and rightly so) that
the adoption of a document that gave such power to the central government would effectively remove individual rights, especailly if protection of those rights were left to the individual states under the new federal arrangement. In order to assure the passage of the Constitution, promises had to be made that individual rights would be protected. These promises took the form of the Bill of Rights which came immediately after ratification of the Constitution. The collective first 10 amendments were proposed just six months after the ratification of the Constitution and went into force in december of 1791, less than two years after the latter’s ratification.
The First Amendment provides that
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Though the First Amendment’s language appears absolute, it has been interpreted to mean that the federal government (and later the state governments) cannot place undue restrictions on individual liberties but can regulate speech, religion, and other rights.
The Second and Third amendments, which, respectively, guarantee the people’s right to bear arms and limit the quartering of soldiers in private houses, reflect the hostility of the framers to standing armies.
The Fourth through Eighth amendments establish the rights of the criminally accused, including safeguards against unreasonable searches and seizures, protection from double jeopardy, the right to refuse to testify against oneself, and the right to a trial by jury.
The Ninth and Tenth amendments underscore the general rights of the people. The Ninth Amendment protects the unenumerated residual rights of the people, and the Tenth Amendment reserves to the states or to the people those powers not delegated to the United States nor denied to the states.
Altogether, the Bill of Rights and (less implicitly) the Constitution of the United States does not so much justify what power the government has more than it LIMITS the power of the government.
The guarantees of the Bill of Rights are steeped in controversy, and debate continues over the limits that the federal government may appropriately place on individuals. One source of conflict has been the ambiguity in the wording of many of the Constitution’s provisions—such as the Second Amendment’s right “to keep and bear arms” and the Eighth Amendment’s prohibition of “cruel and unusual punishments.” Also problematic is the Tenth Amendment’s apparent contradiction of the body of the Constitution; Article I, Section 8, enumerates the powers of Congress but also allows that it may make all laws “which shall be necessary and proper,” while the Tenth Amendment stipulates that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The distinction between what powers should be left to the states or to the people and what is a necessary and proper law for Congress to pass has not always been clear.
Between the ratification of the Bill of Rights and the American Civil War (1861–65), only two amendments were passed, and both were technical in nature. The Eleventh Amendment (1795) forbade suits against the states in federal courts, and the Twelfth Amendment (1804) corrected a constitutional error that came to light in the presidential election of 1800, when Democratic-Republicans Thomas Jefferson and Aaron Burr each won 73 electors because electors were unable to cast separate ballots for president and vice president.
The Thirteenth, Fourteenth, and Fifteenth amendments were passed in the aftermath of the Civil War. The Thirteenth (1865) abolished slavery, while the Fifteenth (1870) forbade denial of the right to vote to former male slaves. The Fourteenth Amendment, which granted citizenship rights to former slaves and guaranteed to every citizen due process and equal protection of the laws, was regarded for a while by the courts as limiting itself to the protection of freed slaves, but it has since been used to extend protections to all citizens.
Initially, the Bill of Rights applied solely to the federal government and not to the states. In the 20th century, however, many (though not all) of the provisions of the Bill of Rights were extended by the Supreme Court through the Fourteenth Amendment to protect individuals from encroachments by the states. Notable amendments since the Civil War include the Sixteenth (1913), which enabled the imposition of a federal income tax; the Seventeenth (1913), which provided for the direct election of U.S. senators; the Nineteenth (1920), which established woman suffrage; the Twenty-fifth (1967), which established succession to the presidency and vice presidency; and the Twenty-sixth (1971), which extended voting rights to all citizens 18 years of age or older.
c.e.s.
Tet: Allied Defenses
Posted by Dr. Spots on March 16, 2009
Series Contents
Tet: Allied Defenses
Part III
We were warned, but not so as you could tell.
Marines at Khe Sanh
The South Vietnamese government and military and its U.S. allies were not caught with their pants down. Not completely or without reason anyway. Impending communist military action was noticed by intelligence agencies. I mean, after all, how could anyone NOT notice something of this scale looming (unless you are the CIA prior to the collapse of the USSR
) ?
During late summer and fall of 1967 clues indicated a big shift in enemy strategic planning. Analysts concluded that the North could not defeat the US in any kind of major open battle nor could they afford to continue in a battle of attrition. If they (the communists) were intelligent, and amazingly there were major thinkers among the allies who assumed they were, they would attempt something of the sort which indeed did happen.
It was theorized that a possible strategy would be to attack cities nationwide and trigger a revolution. They had no hard evidence that this what was planned at the time, so the theory was largely ignored. But evidence began to mount. Signs of
South Vietnamese President Thieu
a major military buildup began to increase. The number of trucks observed heading south through Laos on the Ho Chi Minh Trail jumped from an average of 480/month to 1,116. By November this total reached 3,823. On the 20th of December, General Westmoreland cabled Washington that he expected the Vietcong
But the allies were STILL surprised by the size and scope.
The excuse has been given as “intelligence methodology” and that the allies in no way believed that anything of that scope and size could have come from such an “inferior” enemy. In short, folks, it was stupid, dangerous hubris.
Lieutenant General Frederick Weyand
In 1967 there were a series of actions initiated by the North Vietnamese and the Viet Cong that confused the allies and Saigon. A U.S. Marine patrol prematurely triggered a North Vietnamese offensive aimed at taking the airstrip and combat base at Khe Sanh. By the time the shooting stopped over 1,100 combined kills occurred. This battle and several others came to be known as the “border battles.”
“Why” questioned the allies, “were there such large actions being taken by the enemy in such relatively remote regions?” It made no tactical or strategic sense based on then current philosophies of the North’s strategies. The allies obviously had much greater latitude in counter-attacking in these regions. Dense southern civilian populations were protected as they were further away. The allies could bomb and massively attack relatively indiscriminately.
What was being done and the allies either could not or would not realize is that the North was drawing firepower away from the lowlands and heavily populated urban areas that would be the main focus of attack in the attempt to inspire national revolution.
Westmoreland complied. In order to protect Khe Sanh and the surrounding province he deployed 250,000
Hue after Tet
troops including half of MACV’s maneuver battalions to the I Corps Tactical Zone.
That’s a quarter million troops, baby! More than 100,000 more troops than we have EVER had in Iraq. And, that what was just redeployed. It doesn’t count the 100s of thousands already there.
Lieutenant General Frederick Weyand was disturbed by this. He was a former intelligence officer, which in THIS case did not turn out to be an oxymoron. He was suspicious of the recent turn of events and notified Westmoreland of those suspicions. As a result, Westmoreland redeployed 15 battalions back to the outskirts of Saigon. When the true offensive DID begin on Tet, this redeployment may very well have been the key to why the offensive did not succeed overwhelmingly and end the war then and there.
By the beginning of January 1968, the U.S had deployed 331,098 Army personnel and 78,013 Marines in nine divisions, an armored cavalry regiment, and two separate brigades to South Vietnam. They were joined there by the 1st Australian Task Force, a Royal Thai Army regiment, two South Korean infantry divisions, and a South Korean Marine Corps brigade. South Vietnamese strength totaled 350,000 regulars in the Army, Air Force, Navy, and Marine Corps. They were in turn supported by the 151,000-man Regional Forces and 149,000-man Popular Forces, which were the equivalent of regional and local militias.
Shit hitting the Fan
Just days before the offensive the preparedness of the allies was relaxed. The North announced that there would be a seven-day truces between the 27th of January and the 3rd of February to observe Tet. The South Vietnamese military made plans for recreational leave for a full half of its forces. Westmoreland requested of Saigon that it cancel the upcoming cease-fire but President Thieu refused on the grounds that it would damage troop morale and benefit communist propagandists.
On the 28th of January 11 Vietcong cadre were captured in possession of two pre-recorded audio tapes appealing to the populace of
But still everyone was laid-back. If Westmoreland truly was concerned he sure didn’t get it firmly across to anyone.
On the evening of the 30th of January 200 U.S. colonels serving on the MACV intelligence staff attended a pool party at the officer’s quarters in Saigon.
According to James Meecham, an analyst at the Combined Intelligence Center who attended the party
Besides the people in Saigon, Westmoreland also didn’t get his message over in Washington. He warned LBJ that as late as the 25th of January that something was coming. But he was so optimistic and oblique in his reports that no one saw what was coming.
Then, the Shit hit the Fan.
(to be continued)
C.E. Spots
Posted in History | Tagged: commentary, general westmoreland, Gnereal Weyand, Khe Sanh, tet offensive, vietnam war, War | 3 Comments »